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20130117
20130125
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suspension of the tobacco sales permit. the reason for suspension, violation of state law and the san francisco health code which proprohibit the indoor smoking of tobacco products. director's case no. smk12-09 and we'll start with the appellant. you have seven minutes >> good evening, my name is bashir shahin, the owner of marrakech restaurant. thank you to the board of appeals for giving us a chance to express our thoughts and feelings. i am not here to argue or ask for anything unreasonable. just hoping that you will give us some leniency andtry to give us some mercy on this case, which is a small family business, trying to keep our doors open. we have been in business for the last 16 years. i have clean record with all departments. for the last few years we have been hit very hard by the recession and economy and it's been hard to keep our doors as well. we like to comply with the ordinance, with any laws that come through. just this particular matter is kind of confusing and that is why we got into this argument. and we're hoping to resolve it and get better results from this.
law enforcement only focused on investigation. chief suhr recognize importance of having advocacy groups located directly in the special victims unit. family can meet with investigators and have access to services in the system as they move forward. with the efforts of kathy black and -- svu has a children's room available which offers a safe environment for children exposed to family violence. child abuse is one of the toughest crimes for investigators. children are among the most vulnerable victims. thankfully there are those like kathy baxter who are constantly fighting for the prevention of child abuse. i believe partnership with outside agencies have allowed us to find justice during this complex investigation. another important component of svu is the -- unit. those members solely on internet crimes against children. the cases are complex and require persistent and dedication to identify and locate perpetrators who possess and distribute child pornography. we are only one of many law enforcement agencies across the region who actively participate in the sil
of supervisors and signed into law by the mayor. these groups say by authority of law we demand transparency and accountability and for that reason we're disappointed we were not notified of the report being issued today. indeed we found about it a couple of days ago by happenstance. we are shocked by the lack of substance. when members met with the chief in 2012 he assured us he would include information which we outlined in a letter sent to him on june 8, and to address another question that was presented by commissioner several meetings happened with the chief and staff happened in july and september and after the signing of the ordinance. in short we are disappointed that despite the verbal assurances this report failed to include anymore any useful information regarding the work and this lack of information makes it impossible for the public to have true accountability to know what the police department is doing with regard to this issue. a five minute presentation is not sufficient to that and my colleague will speak on the details of this. thank you. >> thank you. >> thank you m
and the gentleman talking about going through law school in the '70s and i can relate to that experience going through night school. having a hard time trying to stay awake during procedures class. i recall a professor making key points and one thing he always said, you should always examine the issue of jurisdiction. i have two primary points on that issue. today as indicated or foreshadowed by brief the appellant decided to file an exemption and declare that they are going to be bond on the jurisdiction of the state of california. the california massage therapy council. i have that, if you could bring up the projector, please? it was filed today. >> what is this document sorry, i missed what you said it was. >> it's entitled -- this first one -- there is two of them. i'm sorry. for a state certified massage establishment. as you can see it's in order and has been received by environmental health section. there is also -- this actually goes to the planning department, but you file it through the health department. there is also a companion document entitled "declaration of exemption f
with the review of the department general order log which is a law with basic details, not a lot of activities that and i want to thank lieutenant gracie that went out of her way to meet the commissioners and we get a chance to review it and i appreciate that and it's done regally and i want to recognize the department's work in doing that. also we received a letter about meetings with the community and wondered if the chief wanted to give some comment on that. looks like there was a meeting in june. >> i think these were the meetings that preceded the ordinance. >> okay thank you. >> any further questions? dr. marshall. >> just because i heard this come up before and i want to reiterate what you said and what commissioner mazzucco said regarding this issue the chief said a number of times in public. i don't know how many times you need to say it chief. he stated how officers are handled with this issue. i just want the public to be reassured when the chief says that's the way it is that's the way it is. >> okay. thank you. >> thank you. oh public comment. >> we're still going on presenta
, in fact, next week with the commit staff working on the bill to have california's law conform for the federal law. cap and trade another very large statewide issue. san francisco as a city family is engaging on that through our advocacy, our lobbyists, as well as the league of cities, california state association of counties and others who have an interest in making sure that local government and transportation programs in particular, given that transportation emits 38% of the state's greenhouse gas emissions do see some benefit from the auction revenues that are generated. 4 and 5 together, 4 we really are looking at the final closeout of the high speed rail bond program, which san francisco has received its allocation from that. and the companion proposition 1b we received really great news that $117 million check is being suspect for the central project. that project has proven it's readiness to spend those kind of funds and our project in san francisco is a really good example to the state in terms of readiness, if you will for these bond programs. leading to what does the
at law and numerous others. a defect in the yadaa law has emerged which seriously penalizing the micro small businesses. and is causing many to close their doors. the requirement that the merchant pay all attorney fees and costs of litigation in the application of strict liability penaltis is driving many of the neighborhood businesses out of business. the community and the neighborhoods lose and the disabled community loses. all because of the harsh penalties and punitive costs involved. implementation, we can afford, but not the cost of implementation or penalties. therefore, i challenge all our legislators in the county, state and federal levels to remedy this problem. again, i thank you. remember, the by word is "implementation, not penalties." thank you. [ applause ] [ applause ] >> next item. >> commissioners item 4, general public comment. this allows members of the public to comment generally on matters within the commission's purview and suggest future agenda items for the commissioner's consideration. discussion item. >> are there any members of public here to discuss any
in our city. to support the police department and law enforcement system of doing more predictive policing using both data and technology to help us do that. and then, of course, i think the most important part is to organize our communities and work with community-based organizations, families, religious groups, and everybody that's on the ground to find more ways to intervene in violent behavior out there and utilize resources such as education systems, our community jobs programs, others that might allow people to go in different direction. the unfortunate and very tragic incident in connecticut in sandy hook elementary school of course heightened everybody's awareness of what violence can really be all about. and as we have been not only responding, reacting to this national tragedy that i think president obama has adequately described as broken all of our hearts, and in every funeral that has taken place, for those 20 innocent children and six innocent adults in the school districts, and school administrators, we obviously have shared in that very tragic event, all of us. it
individual was apprehended and a complete account was given to law enforcement by the witness for follow-up. for his exemplary performance in his regular duties and for his calm, clear thinking response to such a potential tragic episode, we are very pleased to recognize him for special recognition. presenting these awards is the director of security. investigations and enforcement, and cameron sami, our new manager of enforcement. >> good afternoon. >> good afternoon, chair nolan and pardon my voice, i'm just getting over a bug here. directors, today gives me really great pleasure. i think most of us know that our pcos are regularly on the front lines for any number of things that occurred in our city. including special events like the giant's parade. and often times they are faced with having to make split-second decisions. and this is just an example of the work that they do. i had the pleasure of working with mark when he was a fare inspector, and was proud when he promoted up and became a pco supervisor. his quick-thinking enabled us to take a very dangerous individual off the str
mechanical services of walnut creek violation of public work laws. this information is for you guys. >> thank you very much. mr. dell kelly, what is the process we follow for prospects that don't follow the prevailing wage? >> i would probably want to have noreen to maybe jump? in on this. one issue is standing. * so, one issue is does the union actually have standing in complaining on an award. so, that's the first issue. the second is we have to have a due process making sure the allegations are true and i think that we are in the process of looking through that. i would probably defer to is ivy here? maybe you can come up. >> there isn't a process whereby you check ahead of time to determine whether a contractor is eligible to bid because they haven't supported prevailing wage? >> , vy kline, manager of the contracts administration bureau. we go through a bid process to check to ensure that all licenses are up to date and valid. in this particular instance, i'm going to need to do some research to see whether or not the subcontractor is even on any of our job contracts. the two that the g
money and a lot of improvements and may not understand the nuances in relationship to the law of what is actually required and what is readily achievable, and so forth. >> so that is a new program that we launched right at the end of the year. and then, next sb 1186 to start off with, so as commission president mccarthy mentioned about one of the requirements of sb 1186 is the requirement of each municipality to collect a dollar with a business regular sleighsing or a license. >> there is a series of documents i have areached for you, right after... the treasures office has revised the business registration for new businesses to include this information and to have a statement on the back about sb1186 and why there is the additional, the dollar being collected and to do a reminder to businesses about their responsibility for ada compliance. and i am in conversation, this the notice comes directly from sb 1186, the law, which is on the tax and treasurer's form, so i am in conversation with them to also include our departments as a resource as well. so, hopefully that will take place. s
provides. we're a civil rights office and civil right laws are not affirmative action laws and they don't say you have to do more for people with disabilities. you have to provide accommodations, particularly if requested, but because we have members who sometimes have participated on the bridge line, we have allowed that. i will get into a little bit of weeds here, we're a passive meeting body. we're not a policy-making body. the city attorney of the berkeley and state- the city of berkeley fought having a bridge line for their disability council and were successful with the state. they said that having a bridge line for council members to vote is a violation of the brown act and that to have a bridge line you have to declare the individual council member's home a meeting place. that anybody from the public could go there as well, which was goofy, but that is the law. but in any case, we have that. other public bodies don't and they don't have to. >> so they are not obligated to have these phones? >> that is correct. they are not obligated to have those phones that. is an extra ben
that law or not. >> commissioner antonini: i just remember previous instances of us discussing these policies such as mergers and demolitions. revised them over the last few years, and i've never heard of any appeals or any action by the board of supervisors on our policies in the past. i guess it doesn't mean they can't do it, but its kind of a change. >> we'll get that history and i'm sure supervisor avalos would like to explain the impetus of the legislation at the hearing. >> commissioner antonini: thank you. >> thank you. >> good afternoon, commissioners, tim frye, department staff, here to share with you the results of yesterday's historic preservation commission hearing. there are two items that were on their calendar, that i think are noteworthy to share with you. one was the review and approval of an interpretive display for the site occupied by the roache building at the intersection of mission and 15th street. the building was demolished to make way for 181 off street parking spaces. the project was reviewed and cleared through ceqa in 2000 by this commission and one
. it is city law. it is what we have been raised on. >> does the department have the authority to control that information within its own database so it is and shared with the federal authorities? >> what information is that? >> my understanding is there is no opt in and out. maybe commissioner chan can say something. >> secure communities is a post-arrest situation, a sheriff situation. those questions are not asked at the police department level. >> the chief has been extremely supportive of efforts by community groups. chief beal recently met with community groups about the same issue, that is something they have been receptive, trying to address. -- has resulted in over 638 deportations as of august this year. it has an impact on the victims of domestic violence. it is a continual problem. >> but not from the san francisco police department. >> there is a reason case, longer story. not because of the specific police officers fall; this program has a direct connection to the immigration database. it is problematic. >> commissioner cahn is passionate about. >> appropriately so.
presence of police or whatever kind of security or law enforcement there because i believe when there is official law enforcement there -- i can't think of a euphemism for this but the bums and crack heads won't be at our doors. we won't get threatened and harassed. there have been life-threatening comments. there have been fights right inside of the store. just mainly that safety concern that is getting in the way of doing our business and we have been there -- this march marks three years of our anniversary of doing business there. i want to give sfpd credit. we have seen a substantial improvement. we appreciate them coming down there a few times but we kind of want to see a consistent presence and maybe build some relationship with the businesses, like something on a first name business. it would be nice to have a police officer or whoever come down, introduce themselves, and let us know that they're there at least, and just so we can have that feeling that -- that comforting feeling because for businesses and people that come to the area it's not comforting taw. we had
university. i went to law school at harvard. after clerking for a judge, i came out here in 1997. i have been here for the last 14 years. i have always lived in the castro. i am an attorney. i started out in private practice. i settle private law firm during complex commercial litigation. in 2002, and moved over to the sentences the city attorney's office where i worked on the trial team doing trials for the city, handling my own cases, and supervising a team of attorneys as well. >> why did you choose to live in san francisco? >> i always assumed i would go back to the philadelphia area since that is where my family is. i was always interested in san francisco in terms of what it is as a city, its culture, it's amazing lgbt community. i came out here for a summer, fell in love with it. i have been interested in politics since i was a kid. i worked on campaigns as a teenager. i was involved campaign against senator jesse helms when i was in college. when i cannot hear, and was not initially involved politically. -- when i came out here, i was not initially involved politically. i helped to bu
. >> in addressing the severity of the penalty, in fact, under the law, under both the ordinance and the regulations, the only penaltis that require a showing of prior violations in order to increase are the administrative fines. from the very first infraction the department of public health has the discretion to revoke a massage permit. the fact it hasn't in this case despite repeated violations, discovered both by the public health inspectors and in operations with the police is a gift. it is a gift from the department of public health that that permit will still exist after this hearing, if the decision here is upheld. i really don't think there is any ground to reduce the penalty. i think if anything, the penalty is still quite gracious. you have a repeat violator in front of you. she is unpreentent and keeps doing it. the attempts to nit pick with the hearings and was everything that we did absolutely perfect? no, but that is not the standard. she certainly had a fair hearing. she certainly had an opportunity to present her case to dph and if she didn't, she certainly had that unt opportunity
have this compliance with applicable laws, federal, state, local. i imagine that would mean that hud is focusing on how federal law is being followed. and that for you to focus would be more than what is happening with local compliance. is that how it would work? >> anything specific to hud, the governing agency, we would leave to them. but i say that sort of looking over not just laws, legal compliance, might be in hud's purview. we would take much more of a focus on the city's priorities. i do know - especially when we talk about policies % there are many city policies and priorities that are different from what hud wants. we would look at that and how it fits together. i say that because i think that there are things about rent collection, tenant eviction policies, housing replacement policies that are important to the city that maybe hud has a different point of view on. >> supervisor campos: supervisor cohen mentioned the issuing of grants, purchasing, contracting. i assume policies around those issues would be things included in your review. >> that is correct. part of the go
court was wrong, as a matter of law. there is a number of cases from the california supreme court. and so we decided that it wasn't -- it was an important enough issue to seek immediate relief from the california court of appeal. so in november 2011, we filed a petition for writ of mandate with the california court of appeal, asking that the court instruct the trial court to sustain the demur, and dismiss the entire case. after a lengthy briefing and a lengthy period of time, on december 21, 2012, the california court of appeal did that. they issued a decision, which i have a copy for people who haven't received them. but it's public document and it just says we've reversed the decision of the superior court refusing to sustain the demur to the second amended complaint in its entirety, we direct the court to sustain the demur to the second amended complaint in its entirety without leave to amend. on december 28, 2012, the project sponsor filed a petition for rehearing, asking the court to reconsider this -- its decision. on january 9, the court of appeal denied the petition for re
,000 people who liked it or didn't but did not think it rose to the level of passing a law about it. nevertheless supervisor wiener did. when i first arrived in san francisco, 38 years ago, the 11 members were paid less than 10,000 a year. no fringe benefits, no expense accounts, no staff. all were expected to be part of supervisors with real-time jobs. when -- quinton cob maintain his law firm. that is how it should be. the same thing at the state legislature. but that's a different discussion. career politicians are killing us. thank you very much. >> neck speaker. >> next speaker. >> [indiscernible] i hope i don't put my foot in my mouth. supervisors here, many coach operators have important jobs, we move 700,000 people each day. i want to remind supervisors and citizens of san francisco that we do have a job to do. most people appreciate what we do. i met london breed the san francisco firefighters toy drive. a nice person. i do know much about supervisors. one of my coahces out of flynn, after giants won, -- [indiscernible] we do an important job, i drive the 38 during the we
to get us consistent with some of the state laws already in place that helps some of our contractors. that is what this legislation generally does, applicable to construction and professional services. there is a lot of work that we can do and we will continue to do with the task force. i know that mindy -- is here. making sure that we look at every piece of the process. i know that the city will continue to work for the mayors office as well with some of the executive directors. and colleagues i hope for your support for this legislation. it is a fairly straightforward one and it helps improve one part of the process. there is an amendment that i would request that we make after public comment. i will read that into the record. this really seeks to clarify the enforcement component. all that we would be doing is adding on page 1, line 22 i believe -- and on page 2, line 9. they should read that this subsection -- this is a part of his new -- enforceable and is not, and it goes back. with that, if there are any questions i will be happy to answer them. we do have our city a
that finding based on the sworn police report in front of him. there is case law clearly on point that says that is an appropriate basis and substantial evidence for administrative fact-finding, both the sworn declaration of the police officer and the police officer relating the testimony of other people who had been in the vice team who also participated. so can i say for sure what happened in those cases? no, i can't, but there is no indication that the factual predicate was wrong. it was proper. >> statement sorry, one last question. was there a fine that was levied towards the ceo? >> yes, there is a $2500 fine being levieed >> thank you. >> thank you. commissioners barring any further questions, the matter is submitted. >> might i make clear to the commissioners what is before you tonight is the permit itself. but the board has not given you jurisdiction over the fee part of this. so it's really the suspension of the permit that you get to decide on. >> thank you. >> and also, just for clarification, we have no jurisdiction to reduce the penalty? >> right. >> that is correct
of is the restorative justice model. the alternatives to incarceration with emphasis with juveniles is the law of the land in san francisco. when this study was done i wasn't in the police department. i was in homeland security. i can tell you the current trend and 2,000 juveniles arrested and for this year -- maybe my chart doesn't go back enough. we were under 2,000 physical arrests of juveniles and in favors of alternatives to incarceration. this is the model we used. i was at bay view and this is exactly what we did and achieved reduction in homicides and the emphasis wasn't on narcotics and incarceration and as thorough the study is there is someone wiser that says bad data gives you bad information. in that time we adding mit our data is mad. our data is much bmplt i invite you to do a survey work with the youth guidance center and the probation department to come up with a new survey to suggest how far we have come rather than suggest that you did very well and passionately that we're in the middle of a current trend that actually ended what is now four years ago. >> right absolu
out means that we're getting close to a opt in program that would violate state law, and i assume that we have looked at what the limits are that the law imposes on us. would you elaborate a little bit how what we're doing has been shaped to fit within the state law or on the other hand where is there jeopardy for us? >> so the notification and education program survey and early notification portions are the sort of the new pieces that aren't required by state law. we are using those outreach efforts, those outreach components to inform who we talk to in the actual statutory opt out phase. we are not suggesting that anyone who is going to be served by cleanpower sf would not receive an opt out notification. anyone who wishes to participate can participate which sounds like opting in, but we won't enroll them after we have included them in an opt out process. so i think we have worked with the city attorney on this to make sure we are accurately understanding our obligation and that our approach is consistent with it. we think it is. and so we're not always this careful with o
doing anymore is breaking the law they partner with an out-of-state bank to get to that number. >> do you have to live in san francisco to take advantage of pay days plus? >>> you don't have to live in san francisco but if you get connected -- ask there anything that -- [inaudible] >>> i'm not going toll you our marketing secrets here but i'm going to tell you the importance of that was to get the word out and to -- whenever we however which need to get the wore word out we are going to it because as i said, earlier, the settlement calls for reasonable efforts. reason events are open to interpretation. so, that is why it's incredible important that we partner with these folks standing up here to get the world out and the calling may be video was very successful in what it was intended to do and if you look at the spike, in claimants that we had file after that went out it got attention, it got the word out. it forced people to look at the information that was online or call our hot lines and we are going to what we need do to get the word out to make sure that the maximum infor
a new product and the case law is clear on this and i'll give you an example you can't ask bidders to submit work for a computer processing program only to end up awarding the contract to the bidder that gives you pens and utensils because it's the partner that makes the word processing programs is nowhere to be found that is whose going on here. giant may have been part of a winning team but what she said, they are bringing to the table and what they are bringing now is insurmountable deviation the city law and administrative code requires a new competitive process to any new developer that is going to now primarily be reasonable for this project thank you very much for your time. >> thank you, is there 50 other public comment? okay? executive session. motion to call to executive session,. >> second. >> all in favor aye, executive session conference of legal counsel regarding the anticipated legal matter and property negotiator. >>> i would like to make a motion that we reconvene in open session. >> second? all in favor. >> aye. closed session the commission vote
this is putting the law in place and geek getting the mechanism to secure infrastructure financing proceeds and a lot of credit goes to bran son and many of my preed says cor and is monique moyer that has gotten us to this point and right now we are looking to the establish a policy with the board of supervisors that gives us a -- to support this before looking at any particular project. we have present proposed policy to the capital planning committee on november 19th and we will go back for action this month and we are looking to the bring the city policy to the board of interferes in early 2013 and so as brad said i'll go over the policy and then brad will go over three major projects that we are proposing the use of i f d for. and so the port commission is very well aware in 1969, we got our 54 piers nine react activated and we have an extraordinarily large deferred maintenance problem in the magnitude of $2.2 million and what the port earned as an enterprise is not enough to deal with the assets and the defined problems and so one of our major strategies that the port has initiated i
that was a violation of the rules or law or what are they doing now that will be different, well they partnered with an outof state bank to seasonally say that we are no longer subject to the limits and 36 apr that is set in article california law and they partnered with an out-of-state bank and said, we are subject to federal segregation gleyings and is think charged an apr of four 100% and so they have agreed to abide by california's limits they have discontinued that relationship with the out-of-state bank and as they also have established this settlement fund to repay eligible bars to get restitution until the amounts that i described. >>> so if you go door loan do you have a comparison to give us an idea. average income or middle income do you have a concrete example of something like that to put dollars and cents of how much they were screwed? i can testimony you this it's har hard to come up with a timcal case but what you say because the interest rates being charged people could not get the principal paid down or the interest rate paid down because the number accumulating continued to
, but that is the law. but in any case, we have that. other public bodies don't and they don't have to. >> so they are not obligated to have these phones? >> that is correct. they are not obligated to have those phones that. is an extra benefit you are getting from your mayor's office on disability. >> thank you for answering that for me. >> sure. anyone else on the bridge line? >> no. okay. before we move on, i want to encourage those who have joined us since the beginning of the meeting to fill out a card, if they miss to speak at the public hearing coming up. you can find cards at the front of the room here. thank you. agenda i'm item no. 5, report from the director of the mayor's office on disability. carla. >> thank you. i'm carla johnson, the interim director of the mayor's office on disability. the first announcement that i would like to make is that as we were listening to the reading of the agenda a little earlier and the discussion about the accessible meeting information here at city hall, i just wanted to provide a quick update for people who are using mobility devices to l
and mention the law enforcement elder abuse act if you don't mind. this act was developed for all of california law enforcement and it is a step up from the pocket cards that we usually hand out at training and penal code 368. it has a lot of information about resources in california. it's at the fingertips of any officer that would like to download it. it's free and we have postcards how to access it as well. i am happy to take any questions or anything. we can move on to the recommendations from the family violence council. >> we're just going to say for the next year the family violence council asked all of the public agencies to give us recommendations that they want to hold their own department accountable to and we came up with our own. the recommendations are up there and listed them genericically but for me the exciting thing in the last reports when we did the report the first year and emily knows started calling around asking for data there were many, many calls back because we're not used to gathering data like this. i can say -- i think for my co-chairs this thir
Search Results 0 to 49 of about 177 (some duplicates have been removed)